Ousted UI Christian student group files lawsuit against university in religious liberty case

Protesters for both sides in the dispute over a wedding cake for a same-sex couple are rallying outside the Supreme Court. Lawyers will are due to present their arguments in one of the year's most anticipated cases. (Dec. 5)
AP

Buy Photo

In this file photo, students walk by the Old Capitol building on the University of Iowa campus in Iowa City.(Photo: Press-Citizen file photo)Buy Photo

A Christian student group has filed a federal lawsuit against the University of Iowa after the university revoked the group's registration as an on-campus organization last month.

Business Leaders in Christ, formed by Tippie College of Business students in 2014, filed the suit Monday, which includes 20 counts against the university.

Those counts claim UI infringed on the group's constitutional rights and violated the Higher Education and Iowa Human Rights acts, among other violations, after it requested the group amend its guiding "statement of faith" to comply with UI's Policy on Human Rights.

UI's revocation of registration stems from a 2016 complaint by a former member who, after seeking vice presidency of Business Leaders in Christ, submitted a complaint to UI leadership that said he was denied that role because he is openly gay.

The group claims it did not discriminate based on the student's sexual orientation, but that leaders are "required to agree with and strive to abide by" the group's religious beliefs, "which include avoiding any sexual activity outside of marriage between a man and a woman."

"This is 2017, not '1984,'" said Jacob Estell, student president of Business Leaders in Christ, said in a Monday news release from the group's legal representation, Washington, D.C.-based Becket Fund for Religious Liberty. "Our beliefs weren’t made by us, and they can’t be changed by us either — certainly not just to satisfy Orwellian government rules."

In its suit, Business Leaders in Christ said, like other on-campus religious groups, it operates by its statement of faith. The group embraces traditional Christian doctrines, and "sets forth religious teachings on how members should conduct their careers without the greed, racism, sexual immorality, and selfishness that all too often arise in business, political, and cultural institutions," according to the suit.

The suit also said the student who filed the complaint still is allowed to participate as a member, but that last year, when Hannah Thompson, then-president of the group, asked if the member would follow the group's beliefs on sexual moral conduct, the member said he intended to pursue same-sex relationships.

Thompson said, according to the suit, the member "would not be eligible for a leadership position because his decision to enter into same-sex relationships was inconsistent with Business Leaders in Christ's religious beliefs."

The university's revocation of recognition, determined after a UI investigation and conversations between the group's leadership and UI officials, means the group cannot participate in on-campus recruitment fairs, use campus facilities or receive funding and benefits other organizations receive.

In a statement provided by Media Relations Director Anne Bassett, the university said it "does not tolerate discrimination of any kind in accordance with federal and state law." The statement also said voluntary student organizations must "adhere to the mission of the university, the UI’s policies and procedures, and all local, state, and federal laws" and guarantee equal opportunity for all people.

"The University of Iowa recently found Business Leaders in Christ violated the UI’s Human Rights Policy and the Iowa Civil Rights Act," the statement said. "Membership and participation in the organization must be open to all students without regard to race, creed, color, religion, national origin, age, sex, pregnancy, disability, genetic information, status as a U.S. veteran, service in the U.S. military, sexual orientation, gender identity, associational preferences, or any other classification that deprives the person of consideration as an individual."

The nonprofit Becket Fund for Religious Liberty representing the student group is the same firm that represented Hobby Lobby in a Supreme Court case in which, in 2014, the court ruled it was against federal law to require family-owned corporations to pay for contraception insurance coverage under the Affordable Care Act.

“This is premeditated religious discrimination, plain and simple," Eric Baxter, senior counsel at Becket, said in the Monday news release. "A state school cannot demand a change to students' faith any more than the U.S. president could demand a change to the Bible."

Business Leaders in Christ's suit also names Dean of Students Lyn Redington, Assistant Dean of Students Thomas Baker and Iowa Memorial Union Executive Director William Nelson as defendants. The case ultimately asks the court to compel the university to reinstate the group's official recognition and asks for nominal damages.

On Wednesday, One Iowa, a statewide LGBTQ advocacy organization, also issued a statement about the lawsuit.

“As a registered student organization utilizing funding and resources from the University of Iowa, Business Leaders in Christ had an obligation to follow not only the policies and procedures of the university but local and state law as well,” One Iowa Executive Director Daniel Hoffman-Zinnel said. “Both the Iowa Civil Rights Act and the University of Iowa’s Human Rights Policy are crystal clear. Discrimination based on sexual orientation is unacceptable at a publicly funded institution.”

Reach Andy Davis at 319-887-5404 or at aldavis@press-citizen.com, and follow him on Twitter as @BylineAndyDavis.